Terms and conditions
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General Terms and Conditions (GTC)
§ 1 Area of Validity
(1) The present General Terms and Conditions apply to all business relationships between the Internationale Musikverlage Hans Sikorski GmbH & Co. KG (hereafter: the publishers) and their clients in the corresponding version valid at the time of the conclusion of the contract, insofar as they relate to cases of business to be settled by electronic means.
(2) These General Terms and Conditions are exclusively valid; opposing or deviating conditions of the client cannot be accepted unless the publishers have agreed to this in writing in the given individual case.
§ 2 Formation of the Contract
(1) The description of our product assortment on the Internet only serves as information for the client. This is not an offer to conclude a contract in the sense of § 145 BGB. Contractual obligations, e.g. in the sense of a delivery guarantee, do not yet arise for the contract.
(2) When the client sends an order to the publishers, he sends an offer for the conclusion of a contract. The publishers can accept this offer within two weeks by sending an offer confirmation (via e-mail) or by sending the ordered products within this deadline. If individual pieces of information concerning this assortment on the website are erroneous, then the publishers will inform the client following receipt of the order and make him/her an appropriate offer. If the publishers cannot accept the offer, this will be communicated (in electronic form) to the client.
§ 3 Cancellation Right of the Client / Cancellation Policy
(1) The client has the right to cancel this contract within fourteen days without indicating reasons for doing so. The cancellation deadline is fourteen days beginning on the day
a) (in case of a delivery) on which the client or a third party named by him/her, who is not the promoter, has taken possession of the products;
b) (in case of a contract involving several products which are delivered separately despite a unified order) on which the client or a third party named by him/her, who is not the promoter, has taken into possession the last product;
c) (in case of delivery of a product in several partial deliveries or items) on which the client or a third party named by him/her, who is not the promoter, has taken possession of the last partial delivery or last item;
d) (in case of a contract for the regular delivery of products over an established period of time) on which the client or a third party named by him/her, who is not the promoter, has taken possession of the first product.
(2) The cancellation is to be sent to:
Internationale Musikverlage Hans Sikorski GmbH & Co. KG
Johnsallee 23, 20148 Hamburg
Telephone: +49 (0) 40 – 4141 000
Telefax: +49 (0) 40 – 4141 00 41
by means of a clear explanation (e.g. a letter sent by post, fax or e-mail) concerning the decision to cancel this contract.
The following cancellation form can be used which has not yet been prescribed. ⇒ Form - Cancellation (PDF)
(3) Adherence to the deadline requires that the client sends the notice concerning the execution of the cancellation right prior to the expiration of the deadline.
§ 4 Consequences of Cancellation
(1) If the client effectively cancels the contract, the publishers must repay all payments received by the client, including the delivery costs (with the exception of the additional costs resulting from the client's having chosen a different kind of delivery than the most economical standard delivery), immediately and within fourteen days, beginning on the day on which the notice concerning the cancellation of the contract has been received by the publishers.
(2) For this repayment, the publishers use the same means of payment used by the client for the original transaction, unless something else has been agreed upon with the client; in no case will fees be charged to the client due to this repayment. The publishers can refuse repayment until they have received the products again or the client has provided proof that he has sent the products, depending on which occurred earlier. The client must immediately send the products back or turn them over to the publishers, in any case within fourteen days, at the latest, from the day on which he informed the publishers of the cancellation of the contract. The deadline is met when the client sends the products before the fourteen-day deadline expires.
(3) The client bears the direct costs of the return delivery of the products.
(4) The client pays for any loss in value of the products if this loss in value is not due to any handling of them necessary for testing the condition, characteristics and method of functioning of the products. Otherwise the client can avoid the obligation to replace the value for such a deterioration, which has occurred through the use of the object according to stipulations, by not using the object as if it were his property and refraining from anything that would decrease its value. In case of essential deteriorations or a loss of the products, the client must, in case of his cancellation, replace the corresponding value reduction or loss to the publishers. If the client has already paid the purchase price, then the publishers have the right to deduct the value reduction from the amount of repayment.
§ 5 Exclusion of the Right to Cancellation
The right to cancellation is excluded in the following cases:
a) with contracts for the delivery of audio or video recordings or software, insofar as the delivered data carriers have been unsealed by the client,
b) with contracts for the delivery of products which are manufactured according to the client's specifications in the sense of § 3 Sec. 2 No. 2 of the Distance Selling Act or which are unsuitable for a return delivery, such as, for example, antiquarian materials.
§ 6 Delivery of the Ordered Products
(1) The publishers shall deliver the ordered products as quickly as possible to the address given by the client in the order. In so doing, the publishers have the right to partial deliveries.
(2) The publishers shall charge the client for the individual deliveries at the amount shown in the given case.
(3) Information regarding delivery deadlines is not binding unless anything else to the contrary has been expressly agreed upon.
§ 7 Title Retention
The delivered product shall remain the property of the publishers until the complete payment by the client.
§ 8 Conditions for Payment and Delivery
(1) The purchase price shall be due upon conclusion of the contract.
(2) Payment shall be made either by credit card, PayPal or advanced payment. The publishers shall orientate themselves according to the wishes of the client in this regard.
(3) If the client is in default, the publishers shall have the right to require default interest amounting to 5 % p.a. above the basic interest rate according to § 1 of the Discount Rate Transference Act of 9 June 1998.
(4) The client is only entitled to offset claims if his counterclaims have been established as undisputed or legally binding.
§ 9 Guarantee and Liability
(1) The publishers are responsible for defects present in the handover of the products within the legal guarantee period. Consequential damages as well as defects in facsimiles and archive material are excepted.
(2) The purchaser initially has the choice as to whether the supplementary performance should be made through improvement or a substitute delivery. The publishers have the right, however, to refuse the type of supplementary performance chosen by the purchaser if it is only possible at inappropriate cost, and the other type of supplementary performance remains without any considerable disadvantage for the purchaser. During the supplementary performance, lowering the purchase price or withdrawing from the contract by the purchaser are out of the question. Any rectification is considered to have failed, upon the second attempt, if nothing else results from the nature of the object, the defect or other circumstances. If the supplementary performance has failed or if the publishers have refused the supplementary performance altogether, then the purchaser can request a lowering of the purchase price (reduction) as desired or declare his withdrawal from the contract.
(3) Damage compensation claims under the following conditions due to defects can only be asserted by the purchase if the supplementary performance has failed or if the publishers have refused to provide the supplementary performance. The purchaser's right to assert continuing damage compensation claims under the following conditions remains unaffected by this.
(4) Notwithstanding the above-named regulations and the following liability limitations, the publishers are unrestrictedly responsible for damages to life, body and health due to any grossly negligent or intentional violation of obligations on the part of their legal representative or agent, as well as for damages included in the liability according to the Product Liability Act, as well as for all damages due to intentional or grossly negligent contract violations as well as fraudulent intent of their representatives or agents. If the publishers have delivered a condition guarantee or durability guarantee concerning the product of parts of the same, they are also responsible within the framework of this guarantee. The publishers are, however, only responsible for damages due to the lack of guaranteed condition or durability but which do not directly affect the merchandise, if the risk of such damage is obviously evident from the condition guarantee and the durability guarantee.
(5) The publishers are also responsible for damages that have been caused by simple negligence, insofar as this negligence affects the violation of such contractual obligations which are of special importance (cardinal obligations) for the attainment of the contractual purpose. The publishers are only responsible, however, insofar as the damages are predictable and connected with the contract in a typical manner. The publishers are not responsible for simple negligent violations of inessential secondary obligations. The liability limitations contained in paragraphs 1-3 also apply insofar as the liability for the legal representatives, senior executives or other agents is affected.
(6) Any further liability without consideration of the legal nature of the claim being asserted is out of the question. As long as the liability of the publishers is out of the question or restricted, this shall also apply to the personal liability of its employees, representatives and agents.
§ 10 Data Protection
All the data of clients shall be treated confidentially. Storage and processing of this data shall be done exclusively to the extent permitted by the client and under strict adherence to legal stipulations, such as, for example, the Federal Data Protection Law and the Information and Communication Service Law. Any passing on of these data to third parties who are not associated with this contract is out of the question.
The publishers have the right to transmit the personal data of the client to the SCHUFA (Credit Investigation Company) for the purpose of credit verification and credit monitoring within the framework of a data exchange.
§ 11 Final Stipulations
(1) The law of the Federal Republic of Germany shall be in force, under exclusion of the UN Purchasing Right (CISG). If the client is a businessman or a legal entity under public law, the court in charge of the company headquarters in Hamburg shall be the exclusive venue for any disputes resulting from the contract relationship.
(2) The invalidity of individual regulations shall not affect the validity of the contract as a whole and of these General Terms and Conditions.